Fathers' Rights in Ireland | Custody Preference for the Mother
To understand child custody and guardianship in Ireland, you must understand the unique way Ireland treats fathers' rights.
Unlike many courts around the world that now emphasise an equal playing field for mothers and fathers in custody decisions, Irish courts in many cases prefer mothers.
For example:
- When parents who never married come to the court for a custody decision, usually the mother walks away with sole custody. The father generally gets frequent access.
- Even when a court awards joint custody (the default for a divorce), it usually names the mother as primary carer. This means she can receive child maintenance and will likely make most of the parenting decisions.
Though the preference for the mother is not official, it is widespread and longstanding. However, a mother who is clearly unfit will likely not receive custody — for example, one who has neglected her child regularly due to addiction.
Unmarried fathers' rights in Ireland
An unmarried father does not automatically have custody of his child; the mother does. The father can get custody (joint or sole) or access by agreeing with the mother or applying to the court. He is most likely to end up with access to the child, with the mother maintaining sole custody.
An unmarried father becomes a guardian if he marries his child's mother or if she agrees that he lived with her for 12 consecutive months that included at least three with the child. (He needs to register to make it official.) If you don't meet these qualifications, you can sign a statutory declaration for joint guardianship with the mother or apply to the court.
It is much easier for a father's guardianship to be taken away than a mother's. Being on the birth certificate does not make you a guardian.
All fathers have a legal responsibility to support their child financially, even if they are not a guardian or on the child's birth certificate. This means they could be ordered to pay child maintenance.
Can a father get full custody in Ireland?
Yes, a father can get sole custody in Ireland, though it's rare if the mother wants custody. The court would first need to find that the mother presented a risk to the child or lacked the capacity to parent.
To make a case that giving you full custody would be best for the child, hire a solicitor and start gathering evidence like:
- A parenting journal showing the extent to which you have parented your child
- Messages exchanged with the mother
- Health records for your child
- And so on
How much access is a father entitled to in Ireland?
An unmarried father is not entitled to access before a court says so; thus, the mother can refuse him access if she wishes. If he applies to a court for access, he's likely to get it because the court wants children to have relationships with both parents. His time might be required to be supervised by another adult if there are safety issues.
Overnight access and even 50/50 access are possible, but each case is different. The court will take practicalities into account, such as how far away the parents live from each other. It is extremely hard to predict what access schedule a court will award, which is one reason it's usually best to agree on a parenting plan and schedule with the other parent.
A father married to his child's mother has joint custody and the child should be allowed access to him, though the amount of time can vary greatly.
Keep in mind that access is the child's right, not the parent's. The arrangement must serve the child's best interests. With that said, the parent with access generally won't be forced to spend more time with their child than they wish.
Tools to help secure your rights as a father
As an unmarried father, you have the right to seek custody or access. You may need to draft multiple parenting plans and schedules, take notes of interactions with the other parent, print messages you exchange with them and more.
The Custody X Change online app enables you to do all of this in one place. With a parenting plan template, custody calendars, a parenting journal, parent-to-parent messaging and beyond, Custody X Change makes sure you're prepared for mediation and child custody court.
Take advantage of our technology to stay on top of all the moving parts of your case.